Minutes September 18, 20014O4
CITY OF DENTON CITY COUNCIL MINUTES
September 18, 2001
After determining that a quorum was present and convening in an Open Meeting, the City
Council convened in a Closed Meeting on Tuesday, September 18, 2001, at 5:15 p.m. in the City
of Denton Council Work Session Room.
PRESENT: Mayor Brock; Mayor Pro Tem Beasley; Council Members Burroughs, Fulton,
McNeill, Phillips and Redmon.
ABSENT: None
1. The Council considered the following in Closed Meeting:
Consultation with the City Attorney - Under TEXAS GOVERNMENT CODE
Section 551.071.
(1)
Considered and discussed possible participation of the City of Denton,
Texas as a regulatory authority for the purpose of regulating the rates and
services of gas utilities under the Gas Utility Regulatory Act, in TXU Gas
Distribution Cost Review proceeding, Docket No. 9233, at the Railroad
Commission of Texas, and consider possible joinder with other Texas
cities as a Steering Committee in said proceeding; and consult with the
City's attorneys on a matter in which the ethical duties of the attorneys
under the Texas Disciplinary Rules of Professional Conduct of the State
Bar of Texas clearly require such a consultation to be held in private.
Regular Meeting of the City of Denton City Council on Tuesday, September 18, 2001 at 6:00
p.m. in the Council Chambers at City Hall.
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
PRESENTATIONS
2. Mayor Brock presented a proclamation for National Race Equality Day.
3. Mayor Brock presented September Yard of the Month Awards to:
Lyla F. Jones
Dana and Ron Leach
Stanley and Suzanne Evans
Jim and Darlene Jacobs
Jim and Pat Nicks
Chuck and Anita Mills
Janette Hindman
Jefferson Commons
4. City Manager Conduffrecognized staff accomplishments.
City of Denton City Council Minutes
September 18, 2001
Page 2
405
CITIZENS REPORT
5. Dorothy Damico regarding fair campaign practices.
Nita Thurman spoke for Ms. Damico. She read a statement prepared by Ms. Damico urging the
Council to approve a campaign ethics ordinance.
6. Tom Atkins regarding the City's health insurance.
Mr. Atkins again expressed his concern regarding the cost for the City's health insurance for
employees. He volunteered to review the city's health insurance program at no cost to the City.
7. Bob Hafer regarding weekend directional signs.
Mr. Haler was not at the meeting.
8. Ross Melton regarding lack of openness in city government.
Mr. Melton stated that he was still having problems with Code Enforcement and alleged
violations.
9. Nell Yeldell regarding response from city officials on issues.
Ms. Yeldell stated that she had not been contacted by city officials regarding the problems
around her home. She had not received any response regarding the addressing of her home.
CONSENT AGENDA
Mayor Brock requested to pull Item #38 and consider it along with Items #41 and #42.
Council Member McNeill requested to pull Item #35.
Council Member Burroughs requested to pull Item #37.
McNeill motioned, Burroughs seconded to approve the Consent Agenda and accompanying
ordinances and resolution with the exception of Items #35, 37, and 38. On roll vote, Beasley
"aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor
Brock "aye". Motion carded unanimously.
10. Approved the minutes of August 7, August 10, August 14, August 15, and August 21,
2001.
11. NO. R2001-048
A RESOLUTION OF THE CITY OF DENTON, TEXAS ADOPTING AMENDED
CITY POLICIES FOR EMPLOYEE INTRODUCTORY PERIOD AND EMPLOYEE
DISCIPLINE AND SEPARATION, INCLUDING DISCIPLINARY ACTION, AND
REVIEW HEARING POLICIES; AND DECLARING AN EFFECTIVE DATE.
4 0 6City °fDent°n City C°uncil Minutes
September 18, 2001
Page 3
12.
13.
14.
15.
16.
NO. 2001-346
AN ORDINANCE APPROVING A NOTICE OF RESTRICTION FOR A STREAM
AND STREAM BUFFER AREA PRESERVE ASSOCIATED WITH THE
CONSTRUCTION AND MANAGEMENT OF CROSS TIMBERS PARK, WHICH
PRESERVE AREA IS A THREE ACRE TRACT OF LAND BEING A PORTION OF
LOT 23, BLOCK E, RYAN RANCH, AN ADDITION TO THE CITY OF DENTON,
TEXAS; AND PROVIDING AN EFFECTIVE DATE.
NO. R2001-049
A RESOLUTION ALLOWING MI CASITA RESTAURANT TO BE THE SOLE
PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE FUEGO
Y ALMA EVENT ON OCTOBER 13, 2001, UPON CERTAIN CONDITIONS;
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN
AGREEMENT IN CONFORMITY WITH THIS RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE.
NO. 2001-347
AN ORDINANCE APPROVING A REAL ESTATE AGREEMENT BETWEEN THE
CITY OF DENTON AND YMCA OF METROPOLITAN DALLAS, RELATING TO
THE PURCHASE OF AN APPROXIMATE 8.3 ACRE TRACT OF LAND, BEING
LOT 1, BLOCK 1, YMCA ADDITION TO THE CITY OF DENTON, DENTON
COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING AN EFFECTIVE DATE.
NO. 2001-348
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE
CITY OF DENTON AND WALNUT ACRES, LLC, RELATING TO THE PURCHASE
OF APPROXIMATELY 0.4269 ACRE OF LAND BEING LOCATED IN THE
ALEXANDER WHITE SURVEY, ABSTRACT NO. 1406 OF DENTON COUNTY,
TEXAS FOR THE US HIGHWAY PROJECT, WITH TITLE VESTING IN THE
STATE OF TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (PARCEL 5A)
NO. 2001-349
AN ORDINANCE PARTIALLY RELEASING A CERTAIN MOWING LIEN
RECORDED IN THE REAL PROPERTY RECORDS OF DENTON COUNTY,
TEXAS IN VOLUME 2722, PAGE 0925, AS IT PERTAINS TO A 0.0019 ACRE
TRACT NECESSARY FOR THE U.S. HIGHWAY 380 WIDENING PROJECT
(PARCEL 5); AND PROVIDING AN EFFECTIVE DATE.
City of Denton City Council Minutes
September 18, 2001
Page 4
407
17.
NO. 2001-350
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF
DENTON AND STATE OF TEXAS ACTING BY AND THROUGH THE TEXAS
DEPARTMENT OF TRANSPORTATION REGARDING PARTICIPATION IN
CLEAN VEHICLES PROGRAM; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE (FILE 2737 - CLEAN AIR
VEHICLE ORDINANCE).
18.
NO. 2001-351
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR SERVICE COORDINATION PROGRAM FOR EMERGENCY
FINANCIAL AID, PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BID 2703 -
SERVICE COORDINATION PROGRAM FOR EMERGENCY FINANCIAL
ASSISTANCE, AWARDED TO HELPNET OF THE GREATER DENTON AREA, IN
THE AMOUNT OF $22,500).
19.
NO. 2001-352
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR INFANT AND CHILD CARE PROGRAMS FOR LOW-INCOME
FAMILIES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING FOR AN EFFECTIVE DATE (BID 2704 - iNFANT & CHILD
PROGRAM FOR LOW-INCOME FAMILIES, AWARDED TO FRED MOORE DAY
NURSERY SCHOOL, IN THE AMOUNT OF $38,000).
20.
NO. 2001-353
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING FOR AN EFFECTIVE DATE (BID 2705 - CHILDCARE
PROGRAMS FOR LOW INCOME FAMILIES AWARDED TO DENTON CITY
COUNTY DAY SCHOOL, IN THE AMOUNT OF $35,000).
21.
NO. 2001-354
AN ORDINANCE ACCEPTING COMPETITIVE BDS AND AWARDING A
CONTRACT FOR PRENATAL PROGRAM FOR LOW-INCOME FAMILIES,
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING FOR AN EFFECTIVE DATE (BID 2706 - PRENATAL PROGRAM
FOR LOW-INCOME FAMILIES, AWARDED TO FAMILY HEALTH CARE, INC.,
FOR $30,000).
City of Denton City Council Minutes
September 18, 2001
Page 5
22.
NO. 2001-355
AN ORDINANCE ACCEPTING COMPETITIVE BDS AND AWARDING A
CONTRACT FOR EMERGENCY UTILITY ASSISTANCE PROGRAM FOR LOW~
INCOME FAMILIES PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BD 2707 -
EMERGENCY UTILITY ASSISTANCE PROGRAM, AWARDED TO INTERFAITH
MINISTRIES, $17,250).
23.
NO. 2001-356
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR DOMESTIC VIOLENCE, SEXUAL ASSAULT, CRISIS
INTERVENTION & PREVENTION PROGRAM, PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE
DATE (BID 2708 - RELATIONSHIP VIOLENCE & SEXUAL ASSAULT
PROGRAM, AWARDED TO FRIENDS OF THE FAMILY, IN THE AMOUNT OF
$36,000).
24.
NO. 2001-357
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR SELF-SUFFICIENCY PROGRAM FOR LOW-INCOME &
HOMELESS FAMILIES, PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BID 2709 - SELF-
SUFFICIENCY PROGRAM FOR LOW INCOME & HOMELESS HOUSEHOLDS
AWARDED TO HOPE, INC., IN THE AMOUNT OF $30,000).
25.
NO. 2001-358
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR CONGREGATE & HOME DELIVERED MEAL PROGRAM FOR
SENIOR CITIZENS, PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BID 2710 -
CONGREGATE AND HOME DELIVERED MEAL PROGRAM FOR SENIOR
CITIZENS, AWARDED TO SPAN, IN THE AMOUNT OF $29,000).
26.
NO. 2001-359
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR CHILDCARE EXPANSION PROGRAM FOR LOW INCOME
CHILDREN, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING FOR AN EFFECTIVE DATE (BID 2711 - CHILDCARE
EXPANSION PROGRAM FOR LOW INCOME CHILDREN, AWARDED TO
DENTON CHRISTIAN PRESCHOOL, IN THE AMOUNT OF $30,000).
City of Denton City Council Minutes
September 18, 2001
Page 6
409
27.
NO. 2001-360
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC
WORKS CONTRACT FOR THE INSTALLATION OF A WALKING TRACK
SURFACE AT THE CIVIC CENTER; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BID 2720 -
NEW WALK1NG TRACK SURFACE CITY OF DENTON CIVIC CENTER,
AWARDED TO PONDER COMPANY INC., IN THE AMOUNT OF $42,848).
28.
NO. 2001-361
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC
WORKS CONTRACT FOR THE REMOVAL AND DISPOSAL OF LEAD BASE
PAINT & ASBESTOS AT THE NEW CENTRAL FIRE STATION; PROVIDING FOR
THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN
EFFECTIVE DATE (BID 2727 - REMOVAL AND DISPOSAL OF LEAD BASE
PAINT & ASBESTOS AT THE NEW CENTRAL FIRE STATION, AWARDED TO
SOUTHWEST CONSTRUCTORS, INC., IN THE AMOUNT OF $28,728).
29.
NO. 2001-362
AN ORDINANCE ACCEPTING COMPETITIVE SEALED PROPOSALS AND
AWARDING A CONTRACT FOR THE PURCHASE OF COMMERCIAL PROPERTY
AND BOILER & MACHINERY INSURANCE; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE
DATE (RSFP 2728 - COMMERCIAL PROPERTY AND BOILER & MACHINERY
INSURANCE AWARDED TO FM GLOBAL, AT A COST TO THE CITY OF
DENTON NOT TO EXCEED $$162,165).
30.
NO. 2001-363
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC
WORKS CONTRACT FOR THE CONSTRUCTION OF PAVING IMPROVEMENTS
ON DUNCAN AND NEFF STREETS; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BID 2719 -
DUNCAN AND NEFF STREET PAVING AWARDED TO JAGOE PUBLIC
COMPANY, IN THE AMOUNT OF $65,603.25).
31.
NO. 2001-364
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL CONTRACT FOR THE SUPPLY OF ELECTRICAL AIR SWITCHES;
AND PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING FOR AN EFFECTIVE DATE (BID 2716 - ELECTRICAL AIR
SWITCHES, AWARDED AS LISTED BELOW IN THE ANNUAL ESTIMATE
AMOUNT OF $35,000).
41
of Denton Council Minutes
City
City
September 18, 2001
Page 7
32.
NO. 2001-365
AN ORDINANCE ACCEPTING COMPETITIVE BDS AND AWARDING AN
ANNUAL CONTRACT FOR THE SUPPLY OF AUTOMATIC THROW OVER (ATO)
SWITCHES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING FOR AN EFFECTIVE DATE (BID 2717 - ANNUAL PRICE
AGREEMENT FOR ATO SWITCHES, AWARDED TO TEMPLE, INC., IN THE
AMOUNT OF $38,828).
33.
NO. 2001-366
AN ORDINANCE ACCEPTING COMPETITIVE BDS AND AWARDING AN
ANNUAL CONTRACT FOR THE SUPPLY OF VARIOUS SIZES OF ALUMINUM
WIRE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING FOR AN EFFECTIVE DATE (BID 2718 - ANNUAL PRICE
AGREEMENT, AWARDED TO WESCO OF FORT WORTH IN THE ANNUAL
ESTIMATED AMOUNT OF $60,000).
34.
NO. 2001-367
AN ORDINANCE ACCEPTING COMPETITIVE BDS AND AWARDING AN
ANNUAL CONTRACT FOR JANITORIAL SERVICES IN MUNICIPAL
BUILDINGS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING FOR AN EFFECTIVE DATE (BID 2723 - JANITORIAL
SERVICES AWARDED TO AMERICAN HOUSEKEEPING, INC., IN THE AMOUNT
OF $25,407.14 PER MONTH OR $304,885.68 PER YEAR).
36. NO. R2001-050
A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF
THE NORTH TEXAS HIGHER EDUCATION AUTHORITY; AND DECLARING AN
EFFECTIVE DATE.
Item #35 was considered.
Council Member McNeill questioned the intent of the commercials.
Sharon Mays, Director of Denton Municipal Electric, reviewed the provisions of the advertising
that would deal with the programs available to citizens such as energy awareness programs.
These would be informational programs emphasizing energy audits, heating and cooling
programs, budget management programs and the Plus One Program.
The following ordinance was considered:
NO. 2001-368
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR,
AUTHORIZING, AND APPROVING THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF PROMOTIONAL COMMERCIALS FROM CHARTER MEDIA,
DENTON, TEXAS, PERTAINING TO DENTON MUNICIPAL ELECTRIC, WHICH
City of Deuton City Council Minutes
September 18, 2001
Page 8
411.
ARE AVAILABLE FROM ONLY ONE SOURCE 1N ACCORDANCE WITH THE
PERTINENT PROVISIONS OF CHAPTER 252 OF THE TEXAS LOCAL
GOVERNMENT CODE EXEMPTING SUCH PURCHASES FROM THE
REQUIREMENTS OF COMPETITIVE BIDDING; AND PROVIDING AN
EFFECTIVE DATE (PO 16581 - CHARTER MEDIA IN THE AMOUNT OF $36,608).
McNeill motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye",
Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock
"aye". Motion carded unanimously.
Item #37 was considered
Council Member Burroughs indicated that Council had two choices to consider regarding
whether to approve or not the request.
Ed Snyder, Deputy City Attorney, stated that restricted covenants would be placed and recorded
against the property but would not be binding on UNT, the City of Denton or the State of Texas.
He needed direction from the Council if they would want the covenants to continue to apply if
UNT acquired the property sometime in the future.
Mayor Pro Tem Beasley stated that the property would be taxable property at the beginning of
the lease period. Two prior cases were represented as commercial property that would be on the
tax rolls, only to have them later removed from the rolls. She expressed a concern that there
might be a trend that would not have these properties on the tax rolls for not only the City rolls
but also the school district and the county rolls as well.
Council Member Redmon felt that the University was getting into private enterprise that would
be unfair to apartment owners to market their apartments versus the dorm type structures that
were being built.
Mayor Brock felt that the Council was misled with the zoning case and was not aware of the
implications of the zoning case. A second concern was the role of the City of Keller involved
with taking tax property off the tax rolls.
Council Member McNeill stated that the case presented to the Planning and Zoning Commission
appeared to be property that would be developed and operated by a private owner.
Council Member Burroughs suggested working out an agreement with the county on a policy
level to set out ground rules for consideration of these types of developments.
The following resolution was considered:
NO. R2001-051
A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING THE
ISSUANCE OF BONDS BY THE KELLER HIGHER EDUCATION FACILITIES
CORPORATION FOR A DORMITORY FACILITY TO BE LOCATED IN THE CITY
OF DENTON, TEXAS; PROVIDING AN EFFECTIVE DATE.
41
City of Denton City Council Minutes
September 18, 2001
Page 9
Beasley motioned, McNeill seconded to approve the resolution and the second agreement
presented. On roll vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips
"aye", Redmon "aye", and Mayor Brock "aye". Motion carded unanimously.
PUBLIC HEARINGS
39. The Council held the second of two public heatings to consider the involuntary
annexation and service plan for approximately 32 acres of land generally located along Masch
Branch Road, south of Hampton Road and north of Highway 380, in the extraterritorial
jurisdiction (ETJ) of the City of Denton. (Masch Branch Road Asphalt Plant, A01-0004)
Dave Hill, Assistant City Manager for Development, stated that this was the second of two
required public hearings on this involuntary annexation. The staff was working on a restrictive
covenant agreement with the property owner. The Planning and Zoning Commission had
recommended approval 6-0 for the annexation.
The Mayor opened the public hearing.
The following individual spoke during the public heating:
Lurlene Mayo, 3913 Hampton, Denton, 76207 favor of annexation
The Mayor closed the public hearing.
No action was necessary on this item.
40. The Council held the second of two public hearings to consider the voluntary annexation
and service plan for approximately 2,226 acres of land generally located south of FM 2449, west
of 1-35 West, north of Robson Ranch Road and partially east of the Robson Ranch Development
and John Paine Road in the extraterritorial jurisdiction (ETJ) of the City of Denton. (Hunter
Ranch A01-0005)
Dave Hill, Assistant City Manager for Development, stated that the Planning and Zoning
Commission had recommended approval 7-0 of the annexation proposal. This had previously
been an involuntary petition initiated by City. Two properties that were in the original
involuntary annexation were not part of the annexation at this time.
The Mayor opened the public hearing.
Misty Ventura, 1717 Main Street, Dallas, 75201, spoke during the public heating. She was
representing the property owner who was in favor of the annexation provided the property would
be zoned agricultural and they would have continue use of the property for gas development.
The Mayor closed the public hearing.
No action was required on this item.
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September 18, 2001
Page 10
413
ITEMS FOR INDIVIDUAL CONSIDERATION
Mayor Brock left the meeting due to a conflict of interest.
Council considered Item #38
NO. R2001-052
A RESOLUTION OF THE CITY OF DENTON, TEXAS AUTHORIZING
INTERVENTION AT THE RAILROAD COMMISSION OF TEXAS IN TXU GAS
COST REVIEW PROCEEDING, GUD DOCKET NO. 9233; AUTHORIZING THE
JOINING WITH OTHER INTERVENING CITIES TO PROTECT MUNICIPAL AND
RATEPAYER INTERESTS; AUTHORIZING THE HIRING OF ATTORNEYS AND
CONSULTANTS THEREFOR; AND REQUIRING REIMBURSEMENT OF RATE
CASE EXPENSES INCURRED BY THE CITY; FINDING THAT THE COUNCIL
MEETING AT WHICH THE ABOVE ACTION TOOK PLACE COMPLIED WITH
THE TEXAS OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE
DATE.
Btm:oughs motioned, McNeill seconded to approve the resolution. On roll vote, Beasley "aye",
Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", and Redmon "aye". Motion carried
unanimously.
41. The Council considered adoption of an ordinance on first reading granting to TXU Gas
Distribution, a division of TXU Gas Company, its successors and assigns, a franchise to furnish,
transport and supply gas to the general public in the City of Denton, Denton County, Texas, for
the transporting, delivery, sale, and distribution of gas in, out of, and through said municipality
for all purposes; providing for the payment of a fee or charge for the use of the streets, alleys,
and public ways; repealing all previous gas franchise ordinances and ordinances in conflict
herewith; providing that it shall be in lieu of other fees and charges, excepting ad valorem taxes;
prescribing the terms, conditions, obligations and limitations under which such franchise shall be
exercised; providing a savings clause; a severability clause; and an effective date.
Burroughs motioned, McNeill seconded to approve the ordinance on first reading. On roll vote,
Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", and Redmon "aye".
Motion carded unanimously.
42. The Council considered adoption of an ordinance on first reading granting to TXU
Electric Company doing business as TXU Electric, a franchise for the purpose of constructing,
maintaining, and using an electric utility system in the City of Denton; regulating the
construction work done by the grantee in the city; prescribing the duties, responsibilities, and
rule-making authority of the City Manager and the City with respect to administration of this
franchise; providing for enforcement of the franchise; prescribing the compensation to be paid
the City by the grantee for the franchise privilege; setting forth the term of the franchise;
providing for a severability provision; providing for acceptance of the franchise by grantee;
providing for retroactive effect; and providing an effective date.
4',City of Denton City Council Minutes
September 18, 2001
Page 11
McNeill motioned, Burroughs seconded to approve the ordinance on first reading. On roll vote,
Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", and Redmon "aye".
Motion carried unanimously.
Mayor Brock returned to the meeting.
43. The Council considered approval of a resolution on Fair Campaign Practices.
Council Member Fulton felt that due to various activities and accusations done during the last
election, the Council needed to adopt such a practice. She felt that the Council should adopt the
alternate resolution suggested by Council Member McNeill and that it be included in the packet
of materials given out at the time for filing for office. The candidate could then decided whether
to sign or not sign the practice.
Council Member McNeill felt that the Council should not pass the practice as a resolution or
ordinance. He did support Council Member Fulton's recommendation to make the practice a
part of the election materials.
Fulton motioned, Beasley seconded to direct the City Secretary to provide both documents to
candidates at the time of filing with the indication that the second document was a community
based information document that was optional to sign. On roll vote, Beasley "aye", Burroughs
"aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon "aye", and Mayor Brock "aye".
Motion carded unanimously.
44. The Council considered appointing a voting delegate and an alternate voting delegate to
the National League of Cities Annual Congress of Cities.
Consensus of the Council was to appoint Mayor Brock as voting delegate and Council Member
Burroughs as alternate voting delegate.
45. The Council considered nominations and appointments to the City's Boards and
Commissions.
Council Member Redmon nominated Carl Williams to the Human Services Advisory
Committee.
Redmon motioned, Phillips seconded to suspend the rules and approve the nomination. On roll
vote, Beasley "aye", Burroughs "aye", Fulton "aye", McNeill "aye", Phillips "aye", Redmon
"aye", and Mayor t~rock "aye". Motion carried unanimously.
45. Consider appointments to Council Committees.
Consensus of Council to replace Council Member McNeill on the Lalor Tax Fund Committee
with Council M~mb~r Phillips p~r Council M~mbcr McNeill's request.
46. New Business
The following items of New Business were suggested by Council Members for future agendas:
City of Denton City Council Minutes 4
September 18, 2001
Page 12
A. Council Member Burroughs requested a work session to discuss a policy for
future facilities doing tax exempt bonds and coordinating with the County for approval.
B. Council Member Redmon suggested looking into community service projects for
individuals who needed to pay fines.
C. Council Member Redmon invited Council to attend a community meeting on
September 24th at 6:30 p.m. at the Martin Luther King, Jr. Recreation Center. He suggested the
meeting be posted in order to allow interes/ed Council Members to attend.
D. Council Member Redmon suggested a discussion regarding zoning cases relative
to letters of opposition.
E. Council Member McNeill suggested an outside agency review of city operations.
F. Council Member McNeill suggested developing a policy statement regarding the
placement of video cameras at intersections.
G. Council Member Phillips requested information on what the city was doing for
mosquito control.
47. Items from the City Manager
City Manager Conduff did not have any items for Council
48. There was no continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
49. There was no official action on Closed Meeting Item(s) under Sections 551.071-551.086
of the Texas Open Meetings Act.
With no further business, the meeting was adjourned at 8:31 p.m.
EULINE BROCK, MAYOR
CITY OF DENTON, TEXAS
CITY OF DENTON, TEXAS